Holborow v MacDonald Rudder (a firm)

Holborow and another v MacDonald Rudder (a firm) is a case before the court where the plaintiffs, Holborow and another, sought an order for an account from the defendant, MacDonald Rudder, a firm of legal practitioners. The plaintiffs claim that they retained the defendant between 1996 and 1999 in relation to federal court proceedings and that during this period, the defendant received approximately $1,800,000 and other benefits on behalf of the plaintiffs. The plaintiffs further allege that the defendant has failed to account for all trust property received and seek an order for an account of all trust property received by the defendant on behalf of the plaintiffs, along with other claims. The legal issues the court had to decide were whether the court should order an account to be taken and whether there was a preliminary question to be tried. The court considered the fiduciary nature of the solicitor-client relationship and the statutory obligations of solicitors to keep and render accounts. The court concluded that the defendant is an accounting party and that there was no preliminary question to be tried. Therefore, the court ordered that an account be taken and that any amount certified on taking the account to be due to either party be paid within a specified time. The final orders of the court were that the defendant account to the plaintiffs for all trust property received by the defendant on behalf of the plaintiffs, that discovery be granted in aid of such account, and that the defendant pay all sums found to be due on the taking of such account.